Disability and Participation
Since the Federal Participation Act, what matters is not the diagnosis but whether impairments hinder equal participation in society.
At a glance
Legal basis
Disability
An impairment likely to hinder equal participation for more than six months (Section 2(1))
Assessment
By the competent authority, in steps of ten from a degree of 20 (Section 152)
Equal status possible
At a degree of 30 to under 50, granted by the Federal Employment Agency (Section 151)
Severe disability
From a degree of disability of 50 (Section 2(2))
Consequences
Special protection against dismissal, pension on grounds of severe disability
Rehabilitation and participation: when a disability exists
Since the Federal Participation Act, Section 2(1) SGB IX no longer focuses on the state of health alone. What matters is whether physical, mental, intellectual or sensory impairments, in interaction with attitudinal and environmental barriers, are likely to hinder equal participation in society for more than six months.
This change of perspective is not merely a matter of wording. What counts is the effect in daily life, not the diagnosis alone – and that is precisely what has to be set out in the procedure.
Why the degree of disability matters so much
The degree of disability determined has important effects. At a degree of 30 there may be a claim to equal status with severely disabled people; under Section 151 SGB IX the Federal Employment Agency decides on application by the person concerned. A severe disability exists where the degree is 50. Severely disabled people enjoy special protection against dismissal and can, for example, apply for the pension on grounds of severe disability.
How the overall degree is determined
Determining the degree of disability is a complicated procedure. Under Section 152 SGB IX it is assessed in steps of ten, and only from a degree of 20. The individual conditions are each assigned a degree, depending on the nature and severity of the impairment.
Depending on how the individual conditions interact and how they affect the person concerned, an overall degree of disability is determined. The degrees are not added together – a frequent misconception. What matters is the effect of the impairments as a whole, taking their mutual relationships into account.
Where it meets the other branches
After an accident at work or with an occupational disease the question regularly arises at the same time. Where gainful employment is no longer possible, basic income support or a pension on grounds of reduced earning capacity come into consideration.
Frequently asked questions about disability and participation
Is the degree of disability the same as the reduction in earning capacity?
No. The degree of disability under Book IX assesses participation as a whole, whereas the reduction in earning capacity in the accident insurance assesses only the consequences of the insured event for working life. The two can differ.
Can a degree once determined be reduced again?
Yes, where circumstances change materially. An objection can be lodged against the reducing decision; it has suspensive effect.
Is an application worthwhile even at a low degree?
A determination is only made from a degree of 20. From 30 upwards equal status comes into consideration, which can make the decisive difference in an employment relationship.
